Village of Stewart Manor, NY Article II Infected and Infested Trees and Shrubs

[Adopted 1-7-1969 as Ord. No. 4.3 of the Unified Code]

§ 137-4 General prohibitions.

It shall be unlawful for any owner, lessee or occupant of any lot or land or any part thereof in the Village to permit or maintain on any such lot or land any trees, shrubs or bushes or part thereof which are infected with Dutch elm or other disease or which are or may become infected or infested with insect pests, including any species of the Scolytus beetle, caterpillars, tent-caterpillars, worms, maggots, parasites, larvae or grubs or lepidopterous insects or other creeping animals or insects which cause or tend to cause disease, destruction or damage to such trees, shrubs or bushes by infecting or devouring the same or the bark or foliage thereof or which spread disease or infestation by passing from such trees, shrubs or bushes to other trees, shrubs or bushes, thereby causing destruction and damage to the property of others and becoming a public nuisance.

§ 137-5 Owner to control, remove or destroy.

It shall be the duty of any owner, lessee or occupant of any lot or land to destroy, remove, control and suppress, by cutting, spraying, killing or by other effectual method, diseased trees, shrubs or bushes and all such insect pests, including any species of the Scolytus beetle, caterpillars, tent-caterpillars, worms, maggots, parasites, larvae or grubs or lepidopterous insects or other creeping animals or insects which cause or tend to cause disease, destruction or damage to such trees, shrubs or bushes or parts thereof as often as may be necessary to comply with the provisions of § 137-4 hereof.

§ 137-6 Written notice.

If the provisions of the foregoing are not complied with, the Clerk of the Village shall serve or cause to be served a written notice upon the owner, lessee or occupant of any such lot or land requiring such owner to comply with the provisions of this article. If the owner of such lot or land is a nonresident of the Village, the Clerk of the Village shall mail or cause to be mailed such written notice to such owner, addressed to his last known address as the same may appear upon the last Village assessment roll.

§ 137-7 Failure to comply; removal by Village; lien.

If the person upon whom the notice is served fails, neglects or refuses to destroy and remove by cutting, spraying or other effectual method all such diseased trees, bushes or shrubs and all such insect pests, including any species of the Scolytus beetle, caterpillars, tent-caterpillars, worms, maggots, parasites, larvae or grubs or lepidopterous insects or other creeping animals or insects which cause or tend to cause disease, destruction or damage, within 10 days after such notice, the Village shall cause such diseased trees, shrubs or bushes and such insect pests, including any species of the Scolytus beetle, caterpillars, tent-caterpillars, worms, maggots, parasites, larvae or grubs or lepidopterous insects or other creeping animals or insects, to be destroyed or removed by cutting, spraying, killing or by other effectual method, and the actual cost of such or additional cost in connection therewith shall be certified by the Village and shall thereupon become and be a lien upon the property upon which such diseased trees, shrubs or bushes or insect pests, including any species of the Scolytus beetle, caterpillars, tent-caterpillars, worm, maggots, parasites, larvae or grub or lepidopterous insects or other creeping animals or insects, were located and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced in the same manner as taxes.

§ 137-8 Penalties for offenses.

[Added 10-3-2000 by L.L. No. 3-2000]

Any person violating any provision of this article shall be liable for a fine not to exceed $250 for each offense or by imprisonment not exceeding 15 days, or both.